JUDGEMENT

- (1.)This appeal arises out of the judgement and order of conviction and sentence rendered by the learned Additional Sessions Judge, Fast Track Court No.2, Ahmedabad in Sessions Case No.231 of 2005 convicting the appellants org. accused Nos.1 to 3 for the offence punishable under Section 498-A of the Indian Penal Code and sentencing to them to undergo RI for two years with fine of Rs.500/-, in default, to undergo 15 days RI. The appellants are also convicted for the offence punishable under Section 302 of the IPC and sentenced them to undergo RI for life with fine of Rs.500/-. All the sentences are ordered to run concurrently. However, the learned Judge was pleased to acquit the org. accused No.4 for the offences with which he was charged and tried.
(2.)The brief facts arising from the case are that on 07/04/2005 the Police Station Officer of Madhupura Police Station, Ahmedabad City received a telephonic Vardhi from Police Constable, Surendrasinh, who was deputed at Civil Hospital, that as per instructions of Dr.K K Amin, a lady named Madinabanu was admitted at about 18:30 hours in burnt condition and as stated by her before the Doctor, her brother-in-law and mother-in-law had poured kerosene and set her ablaze. Pursuant to information received by the PSO, Police Inspector, Madhupura Police Station was asked to visit Civil Hospital and to proceed with the investigation. PW No.16-Bhaskarrav Lakduji Vagh recorded the complaint of deceased Madinabanu and started further investigation. After recording statements and collecting sufficient material, the Investigating Officer found that apart from brother-in-law and mother-in-law of the deceased, the husband as well as father-in-law of the deceased were also involved in the alleged offence and, therefore, charge-sheet was filed against the four accused persons in the Court of learned Metropolitan Magistrate, who in turn, committed the case to the Court of City Sessions, Ahmedabad City.
(3.)Charge was framed at Exh.1 to which accused pleaded not guilty and claimed to be tried. The trial Court at the end of trial found the appellants-accused guilty of the charges levelled against them and convicted and sentenced them, as recorded herein above, however acquitted org. accused No.4 father-in-law from the charges levelled against him. Hence, this appeal.


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